Terms of Trade

 

This page contains the Terms of Trade that govern any purchase of goods from us using our site. By entering our site, you accept the Terms of Use. By placing an order using our site, you accept the Terms of Trade. If you do not accept either or both of the Terms of Trade or Terms of Use, or have any questions, please contact us at solutions@ororagroup.com.

 

Terms of Trade

 

Amendments
We may amend these Terms of Trade at any time by giving you written notice of such change pursuant to the notice provision herein

 

Indemnity for Infringement
You agree to assume all liability for, and indemnify us for, any claim for patent or copyright infringement and any other claim for infringement of any proprietary right, process or product when we provide goods to your specification. Such indemnification includes, but is not limited to, attorneys' fees and costs.

 

Your Credit Obligation
Any order for goods that you place with us and the commitment by us to deliver such goods is subject to your maintaining a satisfactory credit relationship with us.

 

You agree that if you do not pay our invoice when due you will also pay a late charge equal to 1-1/2% of the unpaid amount for each month past the date on which payment was due. You agree to pay any attorneys’ fees and costs we spend in the collection of invoices not paid when due.

 

Conflicting Terms
Any terms or conditions inconsistent with those stated herein, which may appear on your purchase order or any other documents that are part of an order from you, are void unless approved in writing by an officer of our Company or superseded by another agreement.

 

Return Policy
You may return goods to us only with our written consent, which you must obtain before you return the goods. Goods that you return are subject to a restocking charge that you agree to pay.

 

Damage Claims
You agree to submit any shortage or damage claims within 10 days after you receive the goods. You agree to report any visible damage to the delivering carrier at the time of delivery. If a common freight carrier delivers all or some of the goods, our Company will not honor a claim by you unless the common carrier honors it as well.

 

Title to Goods
Title to goods will remain with us until you pay for them in full.

 

Discrepancies
You agree to report any discrepancies in price to us within ten (10) days after receipt.

 

Warranty as to Goods
The following warranty replaces all other warranties, express or implied: The only obligation we have with respect to the goods is to replace the quantity of the goods proved to be defective. We are not liable for any injury, loss or damage, direct or consequential, that refers or relates to the goods, the order(s) for goods, or the use or inability to use the goods. Before using the goods, you shall determine the suitability of the goods for their intended use and you assume all risk and liability of every kind and nature arising from any use of the goods by you or any third party.

 

Force Majeure
Delivery date commitments are contingent on the absence of strikes, accidents, fires, lack of available materials, production delays, epidemic, pandemic, government orders, earthquakes, floods, civil disturbances, and acts of God.

 

Limit of Liability
Under no circumstances are we liable for any damages of any kind arising from delays in delivery, non-delivery, or any other cause, including, but not limited to, direct, indirect, incidental, special, punitive or consequential damages, even if we have been advised of the possibility of such.

 

Privacy

For information about our data privacy practices, please see our Privacy Policy.

 

General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your purchase of goods from us using our site.

 

Notices
Except as explicitly stated otherwise, any notices shall be given to us by e-mail addressed to solutions@ororagroup.com or to you at the address supplied by you, or such other address as either of us shall designate using the process outlined in this paragraph. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, either of us may give the other notice by certified mail, postage prepaid and return receipt requested, addressed to the street address provided to the other party. In such case, notice shall be deemed given 3 days after the date of mailing.

 

MANDATORY ARBITRATION.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR PURCHASE OF GOODS FROM US SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.

 

The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

 

General Terms.

Governing Law. These Terms of Trade shall in all respects be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in California between California residents. 

 

Attorneys’ Fees and Costs. Except as explicitly provided in these Terms of Trade, we will each bear our own attorneys’ fees and costs with respect to any matters or disputes that might arise between us.

Invalidity. If any provision of these Terms of Trade are held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced. 

 

Headings. Headings are for reference purposes only and in no way define, limit construe or describe the scope or extent of such section. 

 

Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

 

Complete Provisions. These Terms of Trade are set forth the entire understanding between us with respect to the subject matter hereof.

Last updated September 2022